PRESENT: SCUDDER, P. J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

APPELLATE DIVISION DOCKET NO. CAF 07-01863
DOCKET NO. F-02044-03/06K

MATTER OF MAURICE D. C., PETITIONER-RESPONDENT, V DIANNA L. C., RESPONDENT-APPELLANT.

Respondent-appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Family Court, Niagara County, entered in the Office of the Clerk of said Court on December 12, 2006, and for permission to proceed as a poor person,

Now, upon reading and filing the affidavit of Dianna C., sworn to November 5, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is in all respects granted and petitioner-appellant shall file the original stipulated or settled record and ten briefs on the appeal, together with proof of service, on or before January 28, 2008, and in the event of failure to so perfect the appeal is hereby dismissed without further order, and

It is further ORDERED that the Clerk of the Family Court, Niagara County, is hereby directed to provide Dianna L. C. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based.

Entered: November 27, 2007

JOANN M. WAHL, Clerk